1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

2. Reliable studies have shown that breathing secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and

5. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places, places of employment, and multi-unit housing; and

6. Smoking is the number one cause of preventable home fire deaths across the nation; and

7. Cigarette butts pose a health threat to young children when ingested, which may result in vomiting, lethargy, nausea, and gagging; and

8. Cigarette butts are a major and persistent source of litter; and

9. Nearly eighty-seven percent (87%) of Californians do not smoke; and

10. A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within rental units is not prohibited by state law.

B. Accordingly, the city council finds and declares that the purposes of this chapter are:

1. To protect the public health and welfare by prohibiting smoking in public places, except in designated smoking areas, and by regulating smoking in places of employment; and

2. To strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority; and

3. To provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes. (Ord. 42-08 § 1 (part): Ord. 2-94 § 1 (part): Ord. 13-86 § 1001)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

“Bar” means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the service of food is incidental to the consumption of beverages and in which persons younger than twenty-one (21) years of age are at all times excluded.

“Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including private residences that are licensed to provide child care, adult care, and other health care related services, retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

“City-sponsored event” means an event which the city of Dublin plans, administers, coordinates, and finances, and which is held upon property owned by the city of Dublin.

“Dining area” means any area containing a counter or table upon which meals are served or any area designed, established, or regularly used for consuming meals.

“Electronic smoking device” or “e-cigarette” means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of vapors including nicotine and/or other substances. “Electronic smoking device” includes any similar device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette, or any other product name or descriptor. “Electronic smoking device” does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

“Employee” means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

“Employer” means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one (1) or more persons.

“Enclosed” means closed in by a roof and four (4) walls with appropriate openings for ingress and egress.

“Landlord” means any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property, except that “landlord” does not include sublessors.

“Multi-unit residence” means a premises that contains sixteen (16) or more units for rent.

“Multi-unit residence common area” means any outdoor area of a multi-unit residence accessible to and usable by residents of different units, including but not limited to play areas, common cooking and eating areas, swimming pools, common courtyards, paths and walkways, and parking areas.

“Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section.

“Place of employment” means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment unless it is used as a child care or a health care facility.

“Premises” means a piece of land and any improvements upon it such as are usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or by multiple persons owning and operating the land under common control.

“Public place” means any area in which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms.

“Reasonable distance” means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. Except as otherwise provided in this chapter, this distance shall be a minimum of twenty (20) feet unless the application of the twenty (20) foot minimum would place the smoker in a potentially unsafe location, in which case a “reasonable distance” shall be a location closer than twenty (20) feet which does not place the smoker in a potentially unsafe location.

“Restaurant” means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees.

“Secondhand smoke” means the tobacco smoke created by burning or carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in smoking.

“Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.

“Single-family residence” means and includes a detached single-family dwelling designed or intended for occupancy by one person or by one family.

“Smoking” means: (1) possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind) or (2) the use of an electronic smoking device.

“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, electronic smoking device cartridges, electronic smoking device liquids, and any other item designed for the smoking or ingestion of tobacco products or electronic smoking devices.

“Tobacco product” means any substance containing tobacco or derived from tobacco, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any and all electronic smoking devices; and any product containing synthetically produced nicotine. “Tobacco product” does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

“Unit” means: (1) a dwelling space consisting of complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code Section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. “Unit” does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2).

5.56.050 Prohibition of smoking in public places and places of employment.

A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of employment within the city of Dublin, except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor.

B. Smoking shall be prohibited in the following enclosed places:

1. Common areas of multi-unit, multi-residence, or multifamily buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes; and

2. Areas that have a common or shared air space with other enclosed areas in which smoking is prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems, entries, doorways, hallways, and stairways.

C. Smoking shall be prohibited in the following unenclosed places:

1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place;

2. Any city park;

3. Any place where people are using or waiting for a service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands;

4. Any city-sponsored event, except in any area designated by the city as a smoking area. City-sponsored events may have one (1) but not more than three (3) designated smoking areas of an appropriate size, provided the area is prominently marked with signs and is located the greatest distance practicable from all areas of high pedestrian traffic, any parking lots, and any area in which smoking is prohibited by this code, state law, or federal law. In no case shall a designated smoking area be placed less than twenty-five (25) feet from such areas;

5. Smoking is prohibited in all multi-unit residence common areas, except that a landlord may designate a portion of the outdoor area of premises as a smoking area as provided in subsection (C)(5)(a) of this section.

a. A designated smoking area:

i. Must be located a reasonable distance from any area where smoking is prohibited; and

ii. Must be no more than twenty-five percent (25%) of the total outdoor area of the premises for which it is designated; and

iii. Must have a clearly marked perimeter; and

iv. Must be identified by one (1) conspicuous sign at the designated smoking area, and one (1) conspicuous sign elsewhere on the premises; and

v. Must not overlap with any area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state law, or federal law;

b. If a suitable area cannot be determined, an exemption from the requirements of this section may be granted at the discretion of the City Manager, or his or her designee; provided, that the smoking area does not overlap with any area otherwise prohibited by other provisions of this code, state law, or federal law;

c. Nothing shall prevent a multi-unit residence from designating all outdoor areas of the premises as nonsmoking;

6. The unenclosed spaces of any parcel on which a private single-family residence licensed as a family day care home exists.

D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans, within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter.

E. Notwithstanding the exception in subsection A of this section for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, “place of employment” shall include retail or wholesale tobacco shops and private smokers’ lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4), as well as private residences licensed as family day care homes regardless of their hours of operation.

1. In every multi-unit residence, at least fifty percent (50%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), must be permanently designated as nonsmoking units by January 1, 2011, and at least seventy-five percent (75%) of said units must be permanently designated as nonsmoking units by January 1, 2013;

2. Nonsmoking units must be contiguously grouped together both horizontally and vertically and physically separated from those units in which smoking is permitted to the maximum extent practicable;

3. Not later than January 31, 2012, a landlord who chooses to designate fewer than one hundred percent (100%) of the units of a multi-unit residence as nonsmoking shall submit the following in accordance with subsection E of this section:

a. A description of each proposed designated nonsmoking unit sufficient to identify the unit; and

b. A diagram depicting the location of the proposed designated nonsmoking units in relation to all other units;

4. a. At least sixty (60) days before submitting the proposed nonsmoking unit designations required by subsection (A)(3) of this section, the landlord shall provide each tenant with:

i. A written notice of the proposed designations, clearly stating that the proposed designation will take effect as of January 1, 2013, and that smoking in a unit which is designated as a nonsmoking unit will be illegal as of January 1, 2013;

ii. A diagram depicting the location of the proposed designated nonsmoking units in relation to all other units; and

iii. A copy of this chapter.

b. A landlord may modify the proposed designations based upon comments received from tenants.

c. At least thirty (30) days before submitting the proposed designations of nonsmoking units required by subsection (A)(3) of this section, the landlord shall provide all tenants written notice of the proposed designations clearly stating that smoking in a designated nonsmoking unit will be illegal as of January 1, 2013. These proposed designations may differ from the proposed designations sent to tenants pursuant to subsection (A)(4)(a) of this section;

5. All units in any rental complex for which a landlord is required to submit information pursuant to subsection E of this section, but for which such information, for any reason, is not fully and timely submitted, shall be deemed to be designated as nonsmoking units as of January 1, 2013, or until such a time as the landlord has submitted the proper documentation;

7. Landlords may designate a higher percentage of nonsmoking units or do so within an earlier timeframe than required under subsection (A)(1) of this section.

B. Required Lease Terms.

1. Every lease or other agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after March 1, 2009, shall include the provisions set forth in subsections (B)(1)(a) through (c) of this section on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.

a. A clause stating that smoking is prohibited in the unit if the unit is a designated nonsmoking unit;

b. A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in a nonsmoking unit; or (iii) smoke in any multi-unit residence common area except for a designated smoking area;

c. A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses;

2. The California Apartment Association’s Form 34.0, Revision 1/07 or 1/11, meets the requirements for lease terms as outlined and is an option for use to comply with this section;

3. The lease or agreement terms required by subsection (B)(1) of this section shall be implied and incorporated by law into every agreement to which subsection (B)(1) of this section applies and shall become effective as of the earliest possible date on which the landlord could have legally made the insertions pursuant to subsection (B)(1) of this section;

4. A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (a) the landlord; and (b) to any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant’s breach of smoking regulations if the landlord has fully complied with subsection (B)(1) of this section;

5. Failure to enforce any smoking prohibition in a lease or rental agreement on one or more occasions shall not constitute a waiver of the lease or rental agreement provisions required by this section and shall not prevent future enforcement of any such smoking prohibition on another occasion.

C. Disclosure by Landlords of Multi-Unit Residences. Every landlord shall maintain a list of designated nonsmoking units and a floor plan identifying the relative position of nonsmoking units to units in which smoking is permitted. The floor plan also shall identify the location of any designated smoking areas. A copy of this list, floor plan, and a copy of any procedures for addressing smoking-related complaints shall accompany every new lease or other agreement for the occupancy of a unit in a multi-unit residence. If a copy of the list and floor plan is not so supplied, the unit subject to the lease shall be a nonsmoking unit.

D. Prohibitions and Duties Generally. No person shall smoke or knowingly permit smoking in an area of the premises under his or her legal or de facto control in which smoking is prohibited by a lease or agreement term, by this chapter, this code, or any other state or federal law; provided, however, that this prohibition does not apply to a person who is already compelled to act under state or federal law.

E. Procedures and Requirements for Mandated Submissions.

1. Submissions required by this chapter must be received by the City Manager, or his or her designee, on or before any applicable due date. The submissions shall include all material and information required by this chapter and such other materials and information as the City Manager, or his or her designee, deems necessary for the administration and enforcement of this chapter.

2. All material and information submitted pursuant to this chapter constitute disclosable public records and are not private or confidential. (Ord. 10-11 § 1 (part): Ord. 42-08 § 1 (part))

A. No employer, business, or nonprofit entity shall knowingly or intentionally permit the smoking of tobacco products in an area which is under the employer’s, business’s, or nonprofit entity’s control and in which smoking is prohibited.

B. No employer, business, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, without limitation, ash trays or ash cans, within an area which is under the employer’s, business’s, or nonprofit entity’s control and in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter.

C. Notwithstanding any other provision of this chapter, any employer, business, nonprofit entity, or other person who controls any area may declare that any part of such area in which smoking would otherwise be permitted is a nonsmoking area. (Ord. 18-02 § 2 (part): Ord. 2-94 § 1 (part): Ord. 13-86 § 1005)

A. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section 5.56.040, from any entrance, exit, operable window, vent, or other opening into an enclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited.

B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section 5.56.040, from any unenclosed area in which smoking is prohibited, except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. (Ord. 36-08 § 1 (part): Ord. 25-08 § 1 (part): Ord. 18-02 § 2 (part): Ord. 2-94 § 1 (part): Ord. 13-86 § 1006)

A. “Smoking” or “No Smoking” signs, whichever are appropriate, with letters of not less than one-inch (1") in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in or outside of every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place. When a sign is posted on the exterior of a building to indicate no smoking, it shall include the distance limitations contained in this chapter.

B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five (5) seconds prior to the showing of each feature motion picture. (Ord. 18-02 § 2 (part): Ord. 2-94 § 1 (part): Ord. 13-86 § 1007)

No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 2-94 § 1 (part): Ord. 13-86 § 1010)

A. The City Manager shall engage in a continuing program to explain and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it.

B. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other governmental and health agencies equipped with the needed expertise to conduct such campaigns. (Ord. 2-94 § 1 (part): Ord. 13-86 § 1011)

The City Manager shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this chapter. The City Manager shall urge federal, state, county and special school district agencies to enforce their existing smoking control regulations and to comply voluntarily with this chapter. (Ord. 2-94 § 1 (part): Ord. 13-86 § 1012)

A. It is unlawful for any person to display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display. Tobacco retailing by means of a vending machine is prohibited by this section.

B. No person shall knowingly distribute or furnish without charge, or cause to be furnished without charge to the general public, cigarettes or other tobacco products, at any event open to the public, or in any public place including but not limited to, any right-of-way, mall or shopping center, park, playground and any other district, or any park district, except in retail tobacco stores. (Ord. 18-02 § 2 (part): Ord. 2-94 § 1 (part))

B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his designees.

C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof.

D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter.

E. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city of Dublin or its agents to compel enforcement of this chapter. (Ord. 10-11 § 1 (part): Ord. 2-94 § 1 (part): Ord. 13-86 § 1008)